The concept of military necessity is seductively broad, and has a dangerous plasticity. Because they invariably have the visage of overriding importance, there is always a temptation to invoke security "necessities" to justify an encroachment upon civil liberties. For that reason, the military-security argument must be approached with a healthy skepticism.--Justice William Brennan, Brown v. Glines, 444 US 348 (1980)
View EPIC's special September 11, 2002 home page. (Nov. 12, 2002)
DOJ Issues Guidance on New Surveillance Powers. Within hours of the USA PATRIOT Act being signed into law, the Justice Department issued a field guidance memorandum (PDF) on the new anti-terrorism authorities approved by Congress. The memorandum does not address expanded powers under the Foreign Intelligence Surveillance Act; guidance in that area appears to be classified. Attorney General John Ashcroft announced that he has directed FBI and U.S. Attorney's offices "to begin immediately implementing this sweeping legislation." See EPIC's USA-PATRIOT Act Page. (Oct. 29, 2001)
Anti-Terrorism Bill Signed Into Law. On October 26, the President signed the USA-PATRIOT Act of 2001 into law. The Senate voted 98-1 to pass the Act, a "compromise" version of the various anti-terrorism bills, on October 25. This final congressional action followed 24 hours after the House voted 357-66 to approve the same version of the bill, based on H.R. 3108 and S. 1510. The final legislation includes a few changes: most notably, a sunset on the electronic surveillance provisions, and an amendment providing judicial oversight of law enforcement's use of the FBI's Carnivore system. However, it retains provisions vastly expanding government investigative authority, especially with respect to the Internet. (Oct. 26, 2001)
"Compromise" Terrorism Legislation Still Flawed. The Chairman and Ranking Minority Member of the House Judiciary Committee have released a draft "compromise" bill in response to Attorney General Ashcroft's proposed anti-terrorism legislation (see below). The new "PATRIOT Act" (PDF) continues to raise many of the same privacy and civil liberties issues. An analysis of the proposal (PDF), prepared by Judiciary Committee staff, is available. (Oct. 2, 2001)
EPIC Urges Support for Freedom Statement. EPIC has joined with more than 150 organizations to urge public support for the In Defense of Freedom statement as the Congress considers legislation in the wake of the September 11 tragedy. Sign-up now! (Sept. 30, 2001)
Congress Set to Consider Far-Reaching Legislation. Congress is expected to act this week on legislation that would substantially expand government surveillance powers, including use of the controversial Carnivore Internet monitoring system. EPIC has prepared a detailed analysis of provisions in the proposed Anti-Terrorism Act of 2001 (PDF). EPIC urges Congress to carefully assess the need for new surveillance powers and to draw any possible changes narrowly to protect privacy and constitutional rights. In editorials, newspapers and magazines across the country have also endorsed that approach. (Sept. 28, 2001)
For further information about the Administration's post-Patriot Act actions and proposals, please visit the following EPIC archives:
- EPIC's USA-PATRIOT Act Page (discussing the history of the Act and the impact of the electronic surveillance provisions)
- EPIC's National ID Card Page (discussing the significant concerns raised by government national id and similar proposals)
- EPIC's Biometrics Page (discussing the significant privacy and civil liberties concerns raised by widespread deployment of biometric technology)
- EPIC's Face Recognition Page (discussing the post-September 11 debate over increased use of facial recognition technology to aid the fight against terrorism)
- EPIC's Critical Infrastructure Page (analyzing the civil liberty implications raised by post-September 11 cyber-security proposals)
- EPIC's FOIA Page (detailing FOIA requests made by EPIC post-September 11)
- EPIC's Reports (linking to the Watching the Watchers reports)
More than 150 organizations, 300 law professors, and 40 computer scientists joined together to protect civil liberties by signing the In Defense of Freedom statement.
Last Updated:
November 12, 2002
Page URL: http://www.epic.org/privacy/terrorism/default.html